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Dan
Mabley
Originally published in
the November/December 1992 issue.
Author: Thomas L. Johnson
What
do the Minnesota Judicial Merit Commission and central casting
have in common? Both could easily recommend Dan Mabley for a
"position" as a judge.
In fact, Dan
Mabley is the newly appointed Hennepin County district court
judge. And he was recommended by the Merit Commission, which
must have thought he had devoted his career to fulfilling the
Commission’s evaluation criteria. Not so, but with the same
result: Dan Mabley is eminently qualified to be a judge. And, if
you were to consult the folks at central casting, they would
also say he is qualified, albeit for different reasons.
Let’s start
with the Commission’s criteria. By statute, the Commission is
required to examine such factors as an applicant’s legal
knowledge, ability and experience, diligence, integrity and
judicial temperament. Dan matches up about as well as possible.
Legal
Knowledge/Education: Dan
graduated cum laude from Carleton College with a degree
in government and international relations. It was at Carleton
that his interest in law school was piqued by a course in
constitutional law. Dan followed through, obtaining a juris
doctor from the University of Minnesota in 1974.
By 1981 Dan was
back at school, but this time as an adjunct professor in trial
advocacy at William Mitchell College of Law. Dan continues to
teach and receives outstanding reviews from his students and
from Jon Sonsteng, a well-known professor of trial skills at the
college. Jon describes Dan as a "wonderful teacher who
shares his knowledge in a gentle, thoughtful manner that helps
students develop to their fullest potential."
Ability and
Experience: Dan’s
legal career includes a short stint in a small general practice
law firm, and three different public law offices. Dan worked for
three years in the St. Paul City Attorney’s office prosecuting
misdemeanors. He then moved to the Dakota County Attorney’s
office where he started that office’s economic crime
prosecution program in addition to handling a regular felony
case load.
In 1981 Dan was
hired by the Hennepin County Attorney’s office. His first
assignment was to develop an arson prosecution program. He did,
with great success. An Arson Investigation and Prosecution
Manual, written by Dan, was distributed widely throughout the
state. During this time Dan also handled many successful arson
prosecutions, with his conviction of Marjorie Caldwell Hagen
being viewed as a masterful achievement. The combination of the
Manual and successful prosecutions put Dan on the speaker’s
circuit both locally and nationally: he is, to this day,
recognized as a national expert on arson.
In 1991 Dan was
appointed chief of the criminal division in the Hennepin County
Attorney’s office and held that position until his judicial
appointment. It "capped" Dan’s extraordinarily
successful career as a prosecutor.
Diligence: Dan’s
many successes prosecuting white-collar crime is a testament to
his diligence. But perhaps the best illustration of this
characteristic is Dan’s successful prosecution of Leonard
Richards. Mr. Richards is accused of murdering his half-sister,
Mae Wilson, as part of a colossal insurance fraud scheme. He has
also been convicted, twice, of murdering his lawyer, Robert
Stratton. Dan handled the re-trial in the Stratton case with
Leonard Richards representing himself. The trial lasted five
months, and involved hundreds of exhibits and endless verbal
outbursts by Mr. Richards. But Dan persevered. The jury returned
a guilty verdict after a very short deliberation.
Integrity and
Judicial Temperament: No
one describes Dan’s temperament and integrity in other than
glowing terms. Perhaps, though, Tom Frost’s description
captures it best: "Dan is incredibly patient, as perhaps
best exemplified by the Leonard Richards trial. With respect to
his personal integrity, it is never an issue. Dan brings
absolute integrity to everything he does." (Tom Frost is
the former head of the criminal division in the Hennepin County
Attorney’s office and is now the Minnesota Commissioner of
Public Safety.)
It should now be
clear why the Judicial Selection Commission recommended Dan
Mabley for a judgeship. But how does central casting fit in?
Dan Mabley is
not an actor, nor has he any plans to become one. He has,
however, extensive experience as a model, often appearing in
advertisements as a doctor or as an attorney, and in one
advertisement for malpractice insurance, as both!
Dan’s talent
in front of a camera would get central casting’s attention.
So, too, would his talents outside the courtroom. We all know
that not every judge is an avid golfer or tennis player; it’s
just that central casting believes this to be true. But Dan
Mabley needs no stand-in to act the part of a tennis-playing
judge. Until recently, he carried a sectional ranking in the
Norwest section of the U.S. Tennis Association. In addition, to
cool off after five months in court with Leonard Richards, Dan
took up wind-surfing and, predictably enough, he is now a highly
skilled wind-surfer. Central casting would go crazy!
One might think
that Dan Mabley would have a large ego. Not true. Dan’s
demeanor is characterized by a disarming shyness, a shyness that
he once thought would keep him out of the courtroom. In fact,
his law school experience was marked by "a desire to hide
under the closest desk; I certainly knew I didn’t want to be
called upon."
Dan married
Cindi Claypatch-Mabley in 1988. Without realizing it, Dan had
been helping to keep Cindi "in business" before they
ever met. Cindi is a chemical dependency counselor, and some of
the defendants that Dan convicted were referred to Cindi for
counseling. Dan has a son, Donnie, who is 14.
As with his many
professional successes, Dan attributes his marriage to Cindi as
"a matter of luck." Yet luck was not with Dan the week
of his wedding, when an advertisement for comforters came out in
several local and national magazines. The advertisement showed
Dan in bed with a woman model and two children. The incident
demonstrated Dan’s capacity to make a quick, judicial-like
decision: He ended his modeling career immediately!
A couple of
closing notes by the author. I worked with Dan Mabley for over
ten years. I know him well. Dan is many things: intelligent,
innovative and deeply committed to public service. But above all
else, he is a decent human being who treats everyone he meets
with kindness and respect. There should be no doubt that he will
make an excellent judge.
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